Sources of the Indian Constitution

Introduction

•       The constitution of India is the lengthiest written constitution in the world. The Indian Constitution is unique in its contents and spirit. The unique feature of the constitution of India is that it has adopted provisions from various other constitutions suiting the aspirations and challenges of the Indian population.

•       The constitution of India which was adopted on 26th November, 1949 and came into force on January 26th, 1950.

•       The chairman of the drafting committee Dr. Ambedkar had said in this regard that – “As to the accusation that the Draft Constitution has reproduced a good part of the provisions of the Government of India Act, 1935, I make no apologies. There is nothing to be ashamed of in borrowing. It involves no plagiarism. Nobody holds any patent rights in the fundamental ideas of a constitution….”

•       More than half of the provisions of Constitution are identical to or bear a close resemblance to the Act of 1935

 

The sources of various features in Indian Constitution are as follow-

 

Government of India Act of 1935

•       Federal Scheme (also from constitution of Canada)

•       Office of Governor

•       Judiciary

•       Public Service Commission

•       Emergency Provisions

•       Administrative Details

British Constitution

•       Parliamentary form of government

•       The idea of single citizenship

•       The idea of the Rule of law

•       Institution of Speaker and his role

•       Law-making procedure

•       Procedure established by Law

•       Institution of Speaker and his role

United States Constitution

•       Fundamental Rights

•       Federal structure of government

•       Electoral College

•       Independence of the judiciary and separation of powers among the three branches of the government

•       Judicial review

•       impeachment of the president,

•       removal of Supreme Court and high court judges and post of vice-president.

•       President as supreme commander of armed forces

•       Equal Protection under law

Irish Constitution

•       Directive principles of state policy {Ireland itself borrowed it from Spain}

•       Nomination of members to Rajya Sabha

•       Method of election of president.

Australian Constitution

•       Freedom of trade and commerce within the country and between the states

•       Power of the national legislature to make laws for implementing treaties, even on matters outside normal Federal jurisdiction

•       Concurrent List

•       Joint sitting of the two Houses of Parliament.

French Constitution

•       Republic and the ideals of liberty, equality and fraternity in the Preamble.

Canadian Constitution

•       A quasi-federal form of government — a federal system with a strong central government.

•       Distribution of powers between the central government and state governments.

•       Residual powers retained by the central government.

•       Appointment of state governors by the Centre.

•       Advisory jurisdiction of the Supreme Court.

Weimar Constitution of Germany

•       Suspension of Fundamental Rights during Emergency.

Constitution of the Soviet Union

•       Fundamental duties and the ideal of justice (social, economic and political) in the Preamble.

South African Constitution

•       Procedure for amendment of the Constitution and election of members of Rajya Sabha.

Japanese Constitution

•       Procedure established by Law.